The need for speed : analyzing the grant of Adjudicatory powers to the Department of Social Welfare and Development to Expedite the adoption process and its corresponding legal implications / Sheena Estrella S. Bentor
Material type:
TextPublisher: Cebu City : University of Cebu,, 2018Description: ix, 104 (various) leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: In order to address the increasing number of abandoned, neglected or abused children in institutions and child centers, to afford speedy disposition of adoption cases, to cater to the best interest of the child and to unclog the court dockets, there is a need to grant quasi- judicial or adjudicatory powers to Department of Social Welfare and Development (DSWD) to decide on cases relating to adoption. This will convert the court proceeding for adoption cases into an administrative process. This study explores the question of whether DSWD can be granted quasi-judicial or adjudicatory powers and its legal implications. It also identified the challenges or problems experienced as well as the effects of delay in the adoption process.
The study utilizes a qualitative-case study research method to assess the grant of quasi-judicial or adjudicatory power to the Department of Social Welfare and Development (DSWD) and its legal implications.This study was conducted in Cebu City with the duly accredited social workers from DSWD Region 7, from an NGO and from the office of the clerk of court as well as lawyers who are expert in the field of adoption. It also explored the issues and challenges faced during the adoption process, to determine the grant of quasi- judicial power to DSWD and its corresponding legal implications.
The results of the study showed that, the prominent challenges and problems identified in relation to the adoption process include:1) the late issuance of the certificate for ta child to be legally available for adoption (CLAA), 2) lengthy duration of the judicial adoption proceedings, 3) the delay caused by clogged court dockets and lack of manpower, 4) the incomplete study reports, and 5) costly adoption. Moreover, based on the findings for research informants, delay in the adoption proceedings affects both the adoptee and the prospective adoptive parents. On the question of whether or not adjudicatory powers can be granted to DSWD, it all boils down to the enabling statute of the Department. The findings suggest a mostly negative viewpoint towards granting adjudicatory powers to the Department of Social Welfare and Development as it seems to result in the encroachment of the jurisdiction of the family courts to decide adoption cases and that vesting both quasi- legislative and quasi- judicial power in one agency will breed corruption. Considering the legal implications of the grant of adjudicatory power, it is the best that the procedure be left within the jurisdiction of the court.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Periodicals | T B44ne 2018 (Browse shelf) | Not for loan | 3UCBLL00008558 |
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Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 87-91).
Summary: In order to address the increasing number of abandoned, neglected or abused children in institutions and child centers, to afford speedy disposition of adoption cases, to cater to the best interest of the child and to unclog the court dockets, there is a need to grant quasi- judicial or adjudicatory powers to Department of Social Welfare and Development (DSWD) to decide on cases relating to adoption. This will convert the court proceeding for adoption cases into an administrative process. This study explores the question of whether DSWD can be granted quasi-judicial or adjudicatory powers and its legal implications. It also identified the challenges or problems experienced as well as the effects of delay in the adoption process.
The study utilizes a qualitative-case study research method to assess the grant of quasi-judicial or adjudicatory power to the Department of Social Welfare and Development (DSWD) and its legal implications.This study was conducted in Cebu City with the duly accredited social workers from DSWD Region 7, from an NGO and from the office of the clerk of court as well as lawyers who are expert in the field of adoption. It also explored the issues and challenges faced during the adoption process, to determine the grant of quasi- judicial power to DSWD and its corresponding legal implications.
The results of the study showed that, the prominent challenges and problems identified in relation to the adoption process include:1) the late issuance of the certificate for ta child to be legally available for adoption (CLAA), 2) lengthy duration of the judicial adoption proceedings, 3) the delay caused by clogged court dockets and lack of manpower, 4) the incomplete study reports, and 5) costly adoption. Moreover, based on the findings for research informants, delay in the adoption proceedings affects both the adoptee and the prospective adoptive parents. On the question of whether or not adjudicatory powers can be granted to DSWD, it all boils down to the enabling statute of the Department. The findings suggest a mostly negative viewpoint towards granting adjudicatory powers to the Department of Social Welfare and Development as it seems to result in the encroachment of the jurisdiction of the family courts to decide adoption cases and that vesting both quasi- legislative and quasi- judicial power in one agency will breed corruption. Considering the legal implications of the grant of adjudicatory power, it is the best that the procedure be left within the jurisdiction of the court.
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